Xiradis v Mosman Municipal Council [2024] NSWLEC 1298

Land and Environment Court New South Wales

Medium Neutral Citation: Xiradis v Mosman Municipal Council [2024] NSWLEC 1298 Hearing dates: Hearing on 4 April 2024 Date of orders: 4 June 2024 Decision date: 04 June 2024 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application 8.2022.361.1 seeking consent for demolition of the existing dwelling on the site, and construction of a new dwelling house, swimming pool, landscaping and site works, including the re-location of an existing inter-allotment drainage easement, is determined by the grant of consent, subject to conditions of consent at Annexure A. (3) All exhibits are returned except for Exhibits A, B, C, J and 6. Catchwords: DEVELOPMENT APPLICATION: dwelling house development in C4 Environmental Living zone – the height standard is exceeded – the wall height standard is exceeded Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.3, 4.15, 8.7 Land and Environment Court Act 1979, s34AA Environmental Planning and Assessment Regulation 2021, s 38 Mosman Local Environmental Plan 2012, cll 4.3, 4.3A, 4.4, 4.4A, 4.6, 5.10, 6.1, 6.4, 6.6, 6.7, Sch 5 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 6.6, 6.65, 6.7 State Environmental Planning Policy Amendment (Water Catchments) 2022 Cases Cited: Merman Investments Pty Ltd v Woollahra Municipal Council [2021] NSWLEC 1582 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Malass v Strathfield Municipal Council [2022] NSWLEC 1160 Texts Cited: Mosman Community Participation Plan Category: Principal judgment Parties: Paul Xiradis (First Applicant) Eva Xiradis (Second Applicant) Nick Xiradis (Third Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: A Galasso (Applicant) R McCulloch (Solicitor) (Respondent)